LexisNexis® Legal Newsroom
Judge: Actos MDL Plaintiff Can Argue Drug Causes Bladder Cancer Within 1 Year

LAFAYETTE, La. - The Louisiana federal judge overseeing the Actos multidistrict litigation on Dec. 19 said that a plaintiff in the first bellwether trial can present expert testimony that use of the type 2 diabetes drug can cause bladder cancer within one year of use (In Re: Actos $(Pioglitazone$) Products...

Boehringer Ingelheim Can't Produce Certain Records, May Face MDL Trial Sanctions

EAST ST. LOUIS, Ill. - Boehringer Ingelheim International GmbH (BII) will face sanctions, possibly including adverse inference and the loss of certain affirmative defenses, after the Pradaxa maker said it cannot produce the complete files of a former high-level scientist involved in the development of...

Sophisticated Purchaser Defense Requires Affirmative Steps, Judge Says

HONOLULU - The sophisticated user doctrine applies in both negligence and strict liability contexts under maritime law, but a manufacturer does not prevail because it cannot show that it considered whether the U.S. Navy would provide the necessary warnings about the hazards of asbestos, a Hawaii federal...

Pradaxa Deposition Sanction Stayed By 7th Circuit Pending Mandamus Petition

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Jan. 2 stayed the Pradaxa multidistrict litigation court's order that all future depositions be conducted in New York pending the court's review of a petition for a writ of mandamus by defendant Boehringer Ingelheim Pharmaceuticals Inc. ...

Florida Appeals Court: Engle Opt Out Does Not Enjoy Class Tolling

TALLAHASSEE, Fla. - An estate whose representative opted out of Engle v. Liggett Group Inc. (945 So. 2d 1246 [Fla. 2006]) and failed to file her wrongful death lawsuit within the statute of limitations may not take advantage of claim tolling offered by class membership, Florida's First District Court...

Florida Appeals Court Affirms Dismissal Of Engle Opt Out

TALLAHASSEE, Fla. - An estate whose representative opted out of Engle v. Liggett Group Inc. (945 So. 2d 1246 $(Fla. 2006$)) and failed to file a wrongful death lawsuit within the statute of limitations may not take advantage of claim tolling offered by class membership, the First District Florida Court...

8th Circuit Upholds Verdict For Man's Back Injury Suffered At Work

SAINT LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 9 ruled that a new trial was not warranted in a workplace injury action, concluding that the trial court properly allowed testimony from an expert witness for the plaintiff (George Tedder v. American Railcar Industries Inc., No. 13-1063,...

South Carolina Panel Reverses Decision In Water-Damaged Condos Case

COLUMBIA, S.C. - The South Carolina Court of Appeals on Jan. 8 overturned a $7.7 million construction defects verdict, concluding that the trial court erred by not allowing the defendant's expert witness to give opinions regarding allegedly defective stucco at a condo complex (Mark F. Teseniar, et...

New York Justice Bars Asbestos Expert From Testifying On Talc Contamination

NEW YORK - A plaintiffs' expert modified a widely accepted testing criteria before concluding that a defendant's talc contained asbestos, a New York justice held Jan. 9 in precluding James Millette's testimony under Frye (Lawrence Bernard and Marilyn Bernard, et al. v. Brookfield Properties...

9th Circuit Finds Judge Failed To Properly Vet Asbestos Experts, Testimony

SEATTLE - A Washington federal judge impermissibly delegated his role as gatekeeper under Daubert v. Merrell Dow Pharm., Inc. (509 U.S. 579 $(1993$)) to the jury when he admitted two experts and "each and every" exposure testimony in an asbestos case that produced a $10.2 million verdict, a...

Rhode Island Judge Allows Replacement Naval Expert's Trial Testimony

PROVIDENCE, R.I. - An asbestos plaintiff's quick disclosure of a replacement naval expert and the long time before trial warrants allowing the expert's trial testimony, a Rhode Island judge held Jan. 15 (Rosie K. Sweredoski, et al. v. Alfa Laval Inc., et al., No. 2011-1544, R.I. Super., Providence...

Juror May Not Be Struck Based On Sexual Orientation; New Antitrust Trial Ordered

SAN FRANCISCO - Equal protection prohibits peremptory strikes of potential jurors based on sexual orientation, the Ninth Circuit U.S. Court of Appeals ruled Jan. 21 in remanding for a new trial a case in which a federal jury in California found that Abbott Laboratories did not violate antitrust laws...

Wisconsin Panel Says Daubert Applies To Medical Malpractice Expert Testimony

MADISON, Wis. - The statute encompassing the Daubert standard (Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 [1993]) applies to standard-of-care testimony in medical malpractice cases, a Third District Wisconsin Court of Appeals panel held Jan. 22 (Tina Rupert v. James Standias, et al., No. 2013AP1705...